The Case flow management is the court supervision of the case progress of all cases filed in that court. It includes management of the time and events necessary to move a case from the point of initiation (filing, date of contest, or arrest) through disposition, regardless of the type of disposition. Case flow management is an administrative process; therefore, it does not directly impact the adjudication of substantive legal or procedural issues.
‘Case management’ means that the ‘progress of cases’ before the courts must be ‘managed, in one sense, its direction from traditional adversarial case management which had left the pace of litigation primarily in the hands of the legal practitioners.
Definition of Delay The American Bar Association (ABA) defines delay as any elapsed time other than reasonably required for pleadings, discovery, and court events. To instill public confidence in the fairness and use of court systems, delay must be eliminated by courts. An effective case flow management system does not initiate or cause delay.
High Courts: in this research high courts it considered the Supreme Court and Appeal Court stated article 100 and 101 in Somaliland constitution
SIGNIFICANCE OF THE STUDY
This study provides sufficient information on the Challenges of case management in Somaliland. High court, It will also be a reference for many policy makers, researchers, students, lawyers and even other people who have close interest on the subject matter. Specifically the study may be benefiting some of the following:
Government of Somaliland in particular the Judiciary section, Nation Development and controlling and administrating the all judicial parties to take the administrative rule and fair justice.
Lawyers and students to get easy access of the court business.
All court clients get simplest and easiest court management guidelines
Researchers on the subject matter will also refer this study as a literature review.
CHAPTER 2 : LITERATURE REVIEW
_____________________________________
Introduction
This chapter will highlight the review of literature that relates to the challenges on case management in Somaliland high court, in terms of related studies for previous researchers and conceptual frame work which is related to this study.
With unprecedented enthusiasm the justice system is currently embracing case management, but the courtship has a long history. To reduce delay and cost depends on the development of case management skills by the judiciary and magistrates and has direct impact on justice initiatives. An important component is to regard that Judicial training to implement these reforms has traditionally been jurisdiction-specific and knowledge-based rather than skills-based. So the court and case management depends also and I would say of skills supported by knowledge. Also it is to remark that the wide variations in judicial practice arising from local legal cultural framework.
Share with your friends: |